Parker v. Kenyon
Cases that cite this one
6 later published cases cite this decision.
- Pilos v. First National Stores Inc. (Mass. 1946)
- Silva v. Silva (Mass. 1937)
- Bishop v. Donnell (Mass. 1898)
- Kimball v. Sweet (Mass. 1897)
- Fowle v. Child (Mass. 1895)
- Houghton v. Ware (Mass. 1873)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The mistake in the date of the summons was a defect in the form of the process necessary to bring the defendant before the court; and upon a motion to dismiss for that cause, the decision of the judge presiding in the Superior Court is final. Gen. Sts. c. 115, § 7.
The evidence excluded was immaterial. The trial on the indictment was res inter alios, to which the plaintiff was not a party. And the issue of larceny on that trial was different from the issue of conversion in this action; the one involved a question of intent; the other might be under a claim of right.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.